Nisar Ahmed Bhat, S/o. Sh. Abdullah Bhat vs Union Territory of Jammu and Kashmir through NCB, Jammu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 187

SANJAY DHAR, PUNEET GUPTA
Nisar Ahmed Bhat, S/o. Sh. Abdullah Bhat – Appellant
Versus
Union Territory of Jammu and Kashmir through NCB, Jammu – Respondent

Advocates Appeared:
For the Appellant : Mr. Iqbal Hussain Bhat, with Mr. Akeel Wani, Mr. G.Q. Bhat.
For the Respondent: Mr. Vishal Sharma, DSGI, Mr. Anishwar Chatterji Koul, CGSC.

JUDGMENT :

Sanjay Dhar, J.

1. Through the medium of present appeal, the appellant has challenged judgment dated 31.05.2022 passed by the learned Principal Sessions(Special Judge), Jammu(hereinafter to be referred as the trial court), whereby in a case arising out of NCB Crime No. 01/2017 for offences under Sections 8, 20 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act), the appellant has been convicted of offences under Sections 8/20 of the NDPS Act and by virtue of a separate order passed on the same date, he has been sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of rupees one lac.

2. The brief facts giving rise to filing of this appeal are that a complaint was lodged by respondent-NCB before the trial court alleging therein that on 17.03.2017 at about 0900 hours, complainant, Kaushal Kumar (PW-1) received a secret information from reliable sources that a Truck bearing registration No. JK03C 9491 was proceeding from Anantnag and its driver, the appellant herein would deliver a consignment of Charas to co-accused-Ghulam Nabi at Kunjwani Chowk on the said date. The information was reduced into writing by